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...Contract Act. In our opinion, the statute is not exhaustive and the right of the agent to sue the principal for accounts is an equitable right arising under special circumstances and is not a statutory right...defendant — Surat firm being the principal. Section 213 of the Indian Contract Act specifically provides that an agent is bound to render proper accounts to his principal on demand. The principals right ...agent are of so complicated a nature that they cannot be satisfactorily dealt with in an action at law, the agent has a right to have an account taken in equity, but the relation of principal and...
...to execute a particular deed, or to sign a particular contract, or to purchase a particular parcel or merchandise, is a special agent. But a person, who is authorised by his principal to ...Civil Procedure or one having only a special power of attorney and not qualified to do so.The power of attorney under which the agent acted authorised him to present...no doubt that the agent in this case had a general power of attorney. Story, in his work on Agency, section 17, says: “A special agency properly exists, when there is a delegation, of authority to do...
...importer and his clearing agent, however, is a special contract under which a clearing agent is authorised to perform various functions under the Customs Act for the purpose of clearing the goods...which authorises a clearing agent who has already cleared the goods and completed his business qua these goods on behalf of the principal, to accept a notice on behalf of the principal...served on the clearing agent of the importer long after the goods have been cleared by the clearing agent, will amount to a valid notice to the respondent. In this connection, the appellant has relied on...
...thereto specifically provides that an agent is bound to render proper accounts to his principal on demand. There is no such provision in the Act which enables an agent to sue his .... Though an agent has no statutory right for an account from his principal. nevertheless there may be special circumstances rendering it equitable that the Principal should account to the agent. S.... 213 of the Contract Act provided that an agent is bound to render proper accounts to his principal on demand without a corresponding provision in the Contract Act enabling the agent to ...
...specifically provides that an agent is bound to render proper accounts to his principal on demand. There is no such provision in the Act which enables an agent to sue his principal for ac...agent has no statutory right for an account from his principal, nevertheless there may be special circumstances rendering it equitable that the Principal should account to the agent. Such a case m...his principal on demand without a corresponding provision in the Contract Act enabling the agent to sue the principal for accounts), this Court held: (SCR Public Prosecutor. 40 F and 42 D-E)“In our ...
...demand without a corresponding provision in the Contract Act enabling the agent to sue the principal for accounts), this Court held: (SCR pp. 40 F and 42 D-E)“In our opinion, the statu...that only a principal can sue the agent for rendering proper accounts and not vice versa (as Section 213 of the Contract Act provided that an agent is bound to render proper accounts to his ....Though an agent has no statutory right for an account from his principal, nevertheless there may be special circumstances rendering it equitable that the...
...is a delegation to do all acts connected with a particular trade, business or employment. Thus, a person who is authorised by his principal to execute a particular deed, or to sign a particular contract or ...a person who is authorised by his principal to execute all deeds, sign all contracts, or to purchase all goods required in a particular trade, business or employment is a general agent in that particular Wade, busi..., Vol. X, page 263 is similar. In Bouvier's Law Dictionary, Vol. II, page 714, the statement is “a general power authorises an agent to act generally on behalf of the principal; a special power is one...
...of the amount due to him unless the accounts of his principal are gone into. In the special circumstances of the present case the agent was entitled to sue his principals for accounts for the material.... There is no such provision in the Indian Contract Act. In our opinion, the statute is not exhaustive and the rightof the agent to sue the principal for accounts is an equitable rightarising under special circumst...there may be special circumstanoes rendering it equitable that the principal should account to the agent. Such a case may arise where all the accounts are in the possession of the principal and the...
...of the Code. But it is necessary that the following three conditions should be satisfied, namely,“(1) The agent must be a special agent who attends exclusively to the business...carries it on in the name of the principal and not a general agent who does business for anyone that pays him. Thus, a trader in the mofussil who habitually sends...in Bombay, does not ‘carry on business’ in Bombay so as to render itself liable to be sued in Bombay.(2) The person acting as agent must be an...
...plaintiff under special circumstances. Such a remedy is frequently resorted to in suits between principal and agent, between partners and other persons between whom there is a fiduciary relationship and...also privity of contract. This remedy is not confined to suits between principal and agent or between partners. In equity, a suit for accounts is entertainable where there are circumstances of special...that case was whether an agent could sue the principal for accounts. The Supreme Court noted the statutory right of the principal to sue the agent under S. 213 of the Indian Contract Act....
...employed for a particular job is a special agent. 'Both general and special agents who are authorised to act for the principal have implied authority to do what is incidental to the ordin...which could necessarily be exclusive of each other. Commission agents "appear to resemble independent parties rather than agents". As regards the principal, a commission agent seems to be a seller of...in his own name, without disclosing that of his principal". The Factors Act, 1889, which was placed on the statute book in the U.K. without referring to factor of a commission agent, introduced and...
...as a general rule an agent cannot without authority from his principal devolve upon another obligations to the principal which he has himself undertaken to personally fulfil. But in special...circumstances it is permissible for the agent to appoint a substitute who would be responsible to the principal in the same way as the agent himself. In (1878) 8 Ch D 286 (1878) 8 Ch D 286 , 47 LJ...the agent to appoint what has been termed a ‘sub-agent’ or ‘substitute’ and on the other hand, to constitute, in the interests and for the protection of the principal, a direct privity of contract...
...evidence in that case that the agent had no authority to bind the principal by offering special oath to the opposite party and powers of the pleader were no larger than those of the agent. It was ...why, when the principal authorizes his agent to do whatever is necessary for the prosecution of the suit, the principal will not be bound if the agent in the interest of his principal offers a ...respect to the learned Judges, appear to me to be quite convincing. If an agent represents the principal and his act is binding on the principal as if it was an act of the principal himse...
...regard to the proposition that a principal can sue an agent for rendition of accounts. This is recognised by law relating to the contract. The Supreme Court has also held that the right of an agent ...submitted that in the present case the relationship between the parties was that of Principal and agent. The defendant was under statutory obligation to render accounts to the plaintiff. The plaintiff had...accounts in the present circumstances is maintainable does not hold good as no relationship of principal and agent is found to subsist between the parties. The plaint does not disclose the existence of...
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10. A special power of attorney is a legal document outlining the scope of authority given to an agent, known as "an attorney in fact," by the principal. Under the ...principal. The agent may be given broad or limited authority to make decisions about the principal's property, finances, investments, or for any other purpose. A power of attorney is a legal document that...attorney, an agent is given the powers to act on behalf of the principal to make specific legal or financial decisions. It is also referred to as Limited Power of Attorney and is used as evidence of...
...principal. Further, they stand in special fiduciary relations to the shareholders. The case might be slightly different if there were one agent and one principal. The share-holders leave all the business...:“The defendant company was constituted promoter and managing agent of the National Transport Service Company, Ltd. In this capacity, the defendant company entrusted this work to the plaintiff that he...Mukerji and Dalal, JJ.:— This small case presents an interesting question of law.The respondent to this appeal was the plaintiff in the court of first instance. He sued for...
..., nevertheless there may be special circumstances rendering it equitable that the principal should account to the agent. Such a case may arise when all the accounts are in the possession of the principal...resultant rice for the paddy entrusted to the appellant for hulling. We, are therefore, of the view, that the suit filed by the appellant for rendering accounts by the principal to the agent will not lie, since the...the suit is not maintainable and that the court below has no jurisdiction to entertain the suit. According to the first respondent, the agent is liable under law to render proper accounts. The principal...
..., an agent is bound to render proper accounts to his principal on demand without a corresponding provision in the Contract Act enabling the agent to sue the principal for accounts. Ho...is not a statutory right………….. Though an agent has no statutory right for an account from his principal, nevertheless there may be special circumstances rendering it equitable that the...principal should account to the agent. Such a case may arise where all the accounts are in the possession of the principal and the agent does not possess accounts to enable him to determi...
...matters which are within the special knowledge of the Principal and by reason of the order passed by the Court below, the power agent may give evidence on behalf of the Principal, which is prohibited...Power Agent cannot give evidence in respect of matters which are within the special knowledge of the Principal and he cannot also give evidence in respect of certain acts done by the Principal....7. The law is well settled on this aspect and the power agent cannot give evidence in respect of matters which are within the special knowledge of the Principal. Further, in this case, the agent...
...contract. This remedy is not confined to suits between principal and agent or between partners. In equity, a suit for accounts is entertainable where there are circumstances of special complication...circumstances. Such a remedy is frequently resorted to in suits between principal and agent, between partners and other persons between whom there is a fiduciary relationship and also privity of...was dismissed. He has come up in second appeal to this Court.8. There is no doubt that a suit for accounts is an extraordinary remedy which is available to the plaintiff under special...